speeding fines

[arc]

hello.

just got a notice of intended prosecution

anyway, the offence was 11/06, and the letter is dated 12-06. iirc if it isnt recieved within around 2 weeks of the event, then it is invalid? or is that horsecrap.

 

[beau]

yer im sure if you dont get it within 14 days from the date it happened its invalid...

 

[sammiboo]

jai should know but i heard people getting them 3 months after the incident

 

[Puntoboy]

Go to this site http://forums.pepipoo.com/index.php

Extremely useful for all things like this. They have all the answers you need and you can search for people who have been in the same boat and view the outcome.

I'm currently appealing against a NIP from Gwent Police where I was "supposedly" caught doing 84mph in a 70mph, when I was doing less than 70mph.

 

[arc]

NIP - Notice Of Intended Prosecution.
This is that all important bit that people keep asking me about. It pertains to the 14 day rule that surrounds service of an NIP. As with all traffic offences in the UK, an NIP is required for prosecution to proceed. If you're stopped at the scene however (for example, by a radar-gun-toting traffic policeman), then a verbal NIP is sufficient. Otherwise it must be in writing. So theoretically, if you've not heard anything after 3 weeks, you got away with it. Not, of course, that the police don't get the calculations wrong from time to time - there's no better way to knock the smile off a prosecutors face than to ask if they can prove service of an NIP.
In order to remove some of the mystery from this area - or cast it into a murky grey area depending on your view of things, here are the relevant excerpts from Butterworth's Police Law (Butterworth's Law; ISBN 0406981469). Thanks to Simon Hepworth for help with this information.

hmmm

 

[custard]

from googling it does look outwith the 14 day period
http://www.speed-trap.co.uk/Accused_Home/Rules_useage/The_Law.htm
whats the posting date on the envelope?

do you have problems with mail being incorrectly addressed?if thats the case then they may have already sent a previous letter which was returned.
if thats the case that time doesnt count towards the 14 days

 

[arc]

balls, ive just looked into this and i moved house recently - and ive not updated my driving licence yet. but my V5 is correct. which address to they go off?

 

[Trancendental]

As far as I was aware, NIP's could be anytime within the next 6 Months, not 14 days.

Find a Statutory Notice on NIP's and read up on it. Do Not use word of mouth from any website or any website that does not appear to be professional or official or you could get egg on your face which was fried by a hormonial, angry police man.

 

[custard]

well from what ive gathered on google the 14 day rule stands but with certain exceptions regarding where the 14 days start.
not sure where the NIP would go but i would expect ot the registered keeper as untill its 'processed' its not tied to your licence just the car

 

[hmallett]

balls, ive just looked into this and i moved house recently - and ive not updated my driving licence yet. but my V5 is correct. which address to they go off?

Won't it be the V5 address? After all, they've seen the car speeding, but it might not be you who is the driver. Besides, I don't think there's any direct link between car registration data and driver registration data.
H

 

[custard]

sorry couldnt resist...............

balls, ive just looked into this and i moved house recently -

you just discovered you moved

 

[arc]

lol, just checked my V5.. date of change on the V5 was /12/06. So even then, the NIP is still way beyond 2 weeks.

 

[The Negotiator]

That's only assuming that they had that data on the day of your change of V5. You have the exact reason why the 14 day rule isn't a hard and fast one, because people move and change of addresses take time to go through the system. You got the letter three weeks or so after the date of change, which will be seen as reasonable I imagine.

 

[custard]

im guessing you never set up a redirection with RM?
in which case the letter would be condemned and returned to sender.
you have to realise returned letters are not priority so can take time ot come back through the system.
i delivered one today that took a month to return.
then once its back it has to be processed and details reckecked,new letter etc

 

[arc]

That's only assuming that they had that data on the day of your change of V5. You have the exact reason why the 14 day rule isn't a hard and fast one, because people move and change of addresses take time to go through the system. You got the letter three weeks or so after the date of change, which will be seen as reasonable I imagine.

section 10 of the V5, there is a doc ref which includes the date. It was updated on their system as of /12/06 according to this.

 

[The Negotiator]

And it's not the DVLA that sends out speeding fines.

You're making the assumption that the moment a new address was supplied to the system it sent out the NIP. Unfortunately if you try to fight it I am pretty sure the court would consider 3 weeks to be a reasonable amount after a new address being registered.

There are exclusions to the 14 day rule and they include a change of address, the registered keeper not driving and such like.

 

[custard]

yeah but if they already issued a letter then they would assume its delivered untill it was returned to them
obviously assuming they sent one
which could have been sent before you updated but possibly recieved after you moved

 

[centaur]

I am sure that it is more like within 6 months and not 14 days. I would seek proper legal advice though and not rely on t'internet advice.

Good luck

 

[jamie86]

no ones asked yet... were you speeding?

 

[Stu DemonD]

I am sure it is 14 days, but subject to exclusions as mentioned above.